Widya Yuridika
WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights.
Widya Yuridika published two times annually, on June and December. Each of the issue has eight articles both on review and research article.
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<![CDATA[Pembakaran Lahan Dalam Regulasi Lingkungan Hidup ]]>
<![CDATA[Verdinan, Verdinan]]>;
<![CDATA[Eddy, Triono]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.6073
<![CDATA[This research seeks to thoroughly investigate the deficiencies in the legal framework surrounding corporate criminal liability for the burning of plantation land and comprehensively discuss legal policies for handling land burning crimes that result in the destruction of forest ecosystems. This research is normative juridical in nature, utilizing a descriptive-analytical approach. It examines existing legal issues and symptoms, assessing them against established laws, regulations and legal norms. The findings of this article indicate that the enforcement of corporate criminal liability for plantation land burning remains significantly weak due to selective law enforcement process against corporations and the imperfection of formal legal arrangements regarding the mechanism of criminalizing corporations as perpetrators of crimes holistically. Legal policies in handling land burning crimes that result in the destruction of forest ecosystems are carried out through penal efforts (enforcing criminal provisions related to land burning in the Law on Environmental Protection and Management, the Forestry Law and the Plantation Law) and non-penal including education, increasing awareness and community participation, empowering information technology, compiling a framework to support transparency, accountability and corporate social responsibility to preserve the environment.]]>
<![CDATA[Legal Problems in Regional Financial Management Policy in Central Sulawesi Province ]]>
<![CDATA[S, Irzha Friskanov.]]>;
<![CDATA[Anandy, Widyatmi]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5023
<![CDATA[The Central Government makes full use of the resources assigned to the region in order to support the realization of regional autonomy, the effectiveness of the national economy, and the application of the principles of good governance, transparency, and accountability. The government increases professionalism, transparency, and responsibility in its administration as a manifestation of regional financial management. There is no denying that managing a nation and its government takes a lot of resources. How to handle regulations and issues pertaining to financial management in Central Sulawesi Province is the issue. The examination of statutory and doctrinal literature was prioritized in this research, which was undertaken utilizing normative legal research and analysis techniques. Deciding on policies while making use of legislative documents, contextual methods, and case approaches, as well as the broad concepts of the philosophy of power and government action. The community, as well as managers, supervisors, and regulators, work together to supervise regional financial management. The conclusion is that in order to achieve good governance and the involvement of local governments and people in achieving regional development goals, regional financial management strategies must incorporate openness and accountability.]]>
<![CDATA[Legal Framework for Trademark Manifestation as Collateral Financing to Enhance the Capacity of MSMEs in Indonesia ]]>
<![CDATA[Chairunnisa, Chairunnisa]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Disemadi, Hari Sutra]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5117
<![CDATA[This article examines the manifestation of trademarks as collateral to enhance the capacity of Micro, Small, and Medium-sized Enterprises (MSMEs) in Indonesia. The study employs a normative research approach, drawing upon legal sources derived from legislation, relevant legal theories, and concepts. Data is analyzed using a qualitative juridical method and deductive reasoning. The research findings suggest that trademarks should be eligible as collateral since they meet the criteria of intangible movable property that can contribute to the growth and development of SMEs in Indonesia. However, the practical application of trademarks as collateral is hindered by existing regulations and the absence of a specialized intellectual property asset appraisal institution. Such measures are crucial in fostering MSMEs and, ultimately, improving the welfare of the Indonesian society.]]>
<![CDATA[Pemegang Saham Yang Meninggal Dunia Pada Perseroan Terbatas ]]>
<![CDATA[Rokfa, Afida Ainur]]>;
<![CDATA[Sumedi, Mohammad]]>;
<![CDATA[Anugerah, Dian Purnama]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.4988
<![CDATA[The research was conducted because there was a legal vacuum regarding the transfer of rights to shares in PT Individuals as a result of the shareholder's death by using normative juridical research methods with statutory, conceptual and comparative approaches. The result is that PT Perorangan shares are inherited objects. PT Perorangan shareholders must be individuals, 17 years old, and legally competent. The transfer of shares of PT Perorangan resulted in changes to the company's status and data. The status of PT Perorangan remains as PT Perorangan because the object of inheritance is still joint property whose management is represented by one person, the object of inheritance falls to the heirs who are not yet competent at law, and the heirs refuse to have children. PT Perorangan changed to PT Persekutuan Modal because the heirs are more than one person and the object of inheritance has been divided. The status of PT Perorangan was lost after obtaining the determination and the liquidation report was received by the PN due to the heirs who refused to have no offspring and the object of inheritance became an unclaimed property.]]>
<![CDATA[Putusan Uitvoerbaar bij Voorraad: Rasionalisasi Hakim dan Implikasi Hukumnya ]]>
<![CDATA[Dwithia H.P., Zora Febriena]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5021
<![CDATA[An immediate decision or a decision that can be implemented first (Uitvoerbaar bij Voorraad) is a judge's decision that can be implemented (executed) even though it has not yet obtained permanent legal force. Usually, the implementation of a decision or execution can only be carried out if it has passed the time frame given by the court to file a legal remedy that is against the judge's decision at the first level within 14 days after the decision is read or notified. If within that time frame the losing party does not file any legal remedies, then the decision of the District Court can be implemented or executed. However, in the Civil Procedure Code it is possible for a Judge to pass a UBV decision or a decision that can be implemented first without having to wait for the time span for the losing party to file a legal remedy against the conditions as stated above. Such a decision has the potential for considerable risk considering that there is still the possibility that the judge's decision at the first instance court may be revised or even annulled by a judge at a higher level court. This paper analyzes the rationalization of judges in imposing UBV decisions and the legal consequences of UBV decisions which are canceled by the high court. This research is a normative juridical research with a statutory approach and a concept approach. Based on the results of the analysis, it can be concluded that the rationalization of the judge in imposing the UBV decision is if one of the several conditions that render the UBV decision has been fulfilled, including the claim based on an authentic right, the existence of a judge's decision that has been inkracht, the existence of a provisional lawsuit that has been granted, and the case is related to the bezitsrecht dispute. The legal consequence if the UBV decision is canceled by the high court is that the UBV decision is null and void.]]>
<![CDATA[Presidential Threshold: Konsep Open Legal Policy Oleh Mahkamah Konstitusi 2017-2022 ]]>
<![CDATA[Gazali, Mardania]]>;
<![CDATA[Kamis, Margarito]]>;
<![CDATA[Rumkel, Nam]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5051
<![CDATA[This study aims to analyze the constitutional interpretation method used by constitutional judges in judicial review the presidential threshold as an open legal policy for 2017-2022 and to offer an ius constituendum to use the open legal policy by the Constitutional Court in the future. The type of research used is normative legal research, namely research conducted by examining legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials using a case approach and a conceptual approach. The data collection technique used in this research is using a literature study and the data will be analyzed using the descriptive analysis method. The research found that the Constitutional Court in judicial review the presidential threshold from 2017 to 2022 all used structural , thus interpreting the presidential threshold norm and its touchstone as an open legal policy. But unfortunately, the interpretation made by the constitutional judge is incorrect and has changed the original meaning of the formation of Article 6A paragraph (2) of the NRI Constitution of 1945. The original intent of the establishment of Article 6A paragraph (2) of the NRI Constitution of 1945 was to place political parties or a combination of political parties as a path to propose candidates for President and Vice President because the framers of the amendment did not want an independent candidate. Therefore, the interpretation of constitutional judges declaring the presidential threshold and Article 6A paragraph (2) of the NRI Constitution of 1945 as open legal policy is wrong because the article is clear. In the future, constitutional judges can divide open legal policy into two forms, namely absolute and relative, both of which can be reviewing, and constitutional judges can expand the touchstone of the Basic Law which not only includes article norms but also includes the Preamble in which Pancasila and cancels the formulation of presidential threshold norms to 0% in order to provide justice to justice seekers.]]>
<![CDATA[Sah atau Tidak Smart Contract Dalam Sistem Blockchain? ]]>
<![CDATA[Suwardiyati, Rumi]]>;
<![CDATA[Widhiyanti, Hanif Nur]]>;
<![CDATA[Wicaksono, Setiawan]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5156
<![CDATA[Smart contracts in blockchain systems are widely used as automated agreements that can expedite the execution of a contract. Based on the characteristics of smart contracts analyzed through agreements in the Indonesian Civil Code (BW), it can be concluded that smart contracts can be legally used in contractual legal activities in Indonesia. This is because smart contracts meet the requirements outlined in the BW as guidelines for contract formation, particularly concerning the validity of contracts. Using a normative method, which employs literature as legal material for this writing, the result shows that the validity of smart contracts in blockchain, based on Indonesian contract law, aligns with the contract law that fulfills the requirements of Article 1320 BW. Smart contracts can also be classified as standard agreements where the parties agree based on an existing and mutually agreed-upon contract. Until now, there are no specific regulations regarding smart contracts in Indonesia, even though smart contracts are already widely used in the country.]]>
<![CDATA[Legalization Of The Sexual Violence Law Perspectives Rule Of Jurisprudence Maslahah Leader Policy ]]>
<![CDATA[Suryanto, Muhammad Handika]]>;
<![CDATA[Hamidah, Tutik]]>;
<![CDATA[Jazil, Syokron]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.4989
<![CDATA[Cases of sexual violence in Indonesia from year to year are increasing. The government also responded by passing the Law on Sexual Violence in 2022. It aims to ensure protection for Indonesian society, especially women and children, from the threat of sexual violence. But, there is a rule of jurisprudence whose essence is that the policies of the leader must cause benefit to his people. Therefore, this study aims to describe the purpose of establishing and ratifying the Sexual Violence Law and to analyze the benefits of the leader's policy in the passage of the Sexual Violence Law. The research method is descriptive normative by conducting literature studies from the main sources of the Academic Manuscript of the Law on the Crime of Sexual Violence. The results and discussion of this study state that the main content of the formation and ratification of this law is an effort to update a comprehensive legal umbrella that realize protection for society in general and victims of sexual violence in particular. When viewed from the rules of jurisprudence that theoretically the ratification of this law has implemented the policy of a good leader, namely based on the content of the articles in it although rudimentary. However, it practically cannot be categorized as a policy of a good leader because this law has just been passed and has not been implemented in society as a whole and only partially.]]>
<![CDATA[Pengujian Formil Peraturan Antara Indonesia dan Kolombia ]]>
<![CDATA[Firmansyah, Adithya Tri]]>;
<![CDATA[Aritonang, Syofina Dwi Putri]]>;
<![CDATA[Pritasari, Amalia Zulfa]]>;
<![CDATA[Zulmi, Muhammad Nizar]]>;
<![CDATA[Alivia, Imera Azzahra]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5010
<![CDATA[The authority to review laws by the Constitutional Court is manifested in 2 (two) forms, namely material testing and formal testing. However, since the existence of the Constitutional Court, only 1 (one) application has been granted by the Constitutional Court, namely a request for a formal review of the Job Creation Law. Even then, it was only partially granted. The existence of this fact certainly shows that the role of the Constitutional Court has not been optimal. Therefore, this research aims to outline the prescription of the need to optimize the role of the Constitutional Court in the formal review of laws. This research uses normative (legal) research typology. The results of this study conclude: First, the role of the Constitutional Court in the formal review of laws can still be said to be not optimal because the Constitutional Court itself is still very limited in canceling laws, as evidenced in Decision Number 91 / PUU-XVIII / 2020, the Constitutional Court tends to compromise with the language of conditional unconstitutional decisions in deciding applications for formal testing of the Job Creation Law. Second, the countries of Colombia and Indonesia show that the practice of formal testing of the Law by the Constitutional Court is something that needs to be done if there is a violation of the formation procedure by the legislator, it is just that the Colombian Constitutional Court in conducting formal testing takes a more progressive step, this is indicated by the quality and quantity of handling of formal test cases decided, on the other hand in Indonesia, the Constitutional Court seems to take a position that tends to be very limited in conducting formal testing, it even looks unfamiliar to do so, besides that the 1945 Constitution also does not provide rigid arrangements regarding the basis for formal testing of laws by the Constitutional Court.]]>
<![CDATA[Political Parties' Right To Recall Against Legislative Members In The Perspective Of A Democratic Rule Of Law ]]>
<![CDATA[Asriyani, Asriyani]]>;
<![CDATA[Safrin, Mohamad]]>;
<![CDATA[Muflih, Muhammad Naufal]]>
<![CDATA[ Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v7i2.5083
<![CDATA[This article is entitled "Examination of the Recall Rights of Political Parties Against Legislative Members in the Perspective of a Democratic Rule of Law (Case Study of Regional People's Representative Assembly in Central Sulawesi)", where the author will analyze the right of recall or a right that political parties have to temporarily dismiss legislative members at the suggestion of a political party which supports it concerning the principles of a democratic rule of law. The legal issue raised in this writing is "Is the Right to Recall Political Parties Against Legislative Members Compliant with the Principles of a Democratic Rule of Law? ". This article uses normative juridical and empirical juridical research methods by analyzing the rights contained in the Constitution of the Republic of Indonesia and their relationship to Law Number 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Representative Council Regional People, especially those related to the temporary dismissal of legislative members proposed by political parties, in this case is contained in Article 239 paragraph (2) letter "d". In this article, the recall rights of political parties follow the principles of the rule of law. Recalls are needed to monitor political parties over their members who have served as members of the legislature. However, its application still requires clarity regarding matters that result in the recall of a legislative member by his political party.]]>
